Florida Prison Health Privatization Remains Unresolved
June 27, 2012
With the end of the fiscal year looming and no final action by lawmakers, a circuit judge on Tuesday grappled with how to deal with budget fine print that called for privatizing prison health services.
The Florida Nurses Association and a state employees union filed a lawsuit this year challenging the constitutionality of the Legislature’s decision to use the fine print, known as proviso language, to direct the Department of Corrections to contract with private health companies. But a legislative budget panel also was supposed to give final approval before contracts could be awarded — something it has not done as the proviso language gets ready to expire at the June 30 end of the fiscal year.
That left Leon County Circuit Judge Kevin Carroll, who held a hearing last month on the constitutional issues, pondering Tuesday how he should handle the case.
Jonathan Glogau, an attorney for the state, said the budget fine print becomes moot, meaning “this case goes away.” He said state law gives the Department of Corrections other authority to move forward with privatization of prison health services, anyway, with the panel known as the Legislative Budget Commission ultimately having to sign off.
If that occurred, Glogau said opponents could then launch another legal fight.
“Until then, there’s nothing to challenge,” Glogau said.
But M. Stephen Turner, an attorney for the nurses association, said the department should have to go through a new contracting process if it decides to try to privatize health services — and should not be allowed to use the expiring proviso language as a basis for contracts.
“The agency’s got to go back to the drawing board and start again,” Turner said.
Carroll did not issue a ruling Tuesday and said he will work on the case for the next couple of days. The overall constitutional issues center on whether the Legislature improperly used proviso language, instead of changing state law with a stand-alone bill, to direct the department to carry out privatization.
The hearing also came a day before the 1st District Court of Appeal is scheduled to hear arguments in a broader prison-privatization case. Another Leon County circuit judge rejected privatizing prisons across the southern part of the state because of the Legislature’s use of proviso language to do that as well.
The health-care proviso called for privatization to lead to cost savings of at least 7 percent for the state, compared to 2009-10 expenses. The process led to the department recommending that Corizon, Inc., receive a contract for prisons in North and Central Florida and that Wexford Health Sources receive a contract in South Florida.
Glogau on Tuesday reiterated earlier arguments that the department already has the authority to privatize health services, regardless of the proviso. He said after the hearing that the department has not decided whether it would use that authority to move forward with privatization.
But Tom Brooks, an attorney for the employees union, the American Federation of State, County and Municipal Employees, said the state had played “fast and loose” to try to prevent a ruling on the broader issues in the case — an argument that Glogau disputed.
“We are not playing fast and loose with the rules, and we are not denying anybody their day in court or due process,” Glogau said.
By The News Service of Florida
Photos: A Cartoon Adventure At The Century Branch Library
June 27, 2012
The summer reading program for kids and teens continued Tuesday at the Century Branch Library with cartooning with Mike Artell.
The award-winning cartoonist and illustrator presented plenty of facts and set the kids off drawing their own cartoon adventure.
There will not be a program next Tuesday, July 3. The Summer Reading Series will conclude on Tuesday, July 10 at noon with a program featuring drums with Mark Seymour. Children will explore the world of drums, drum styles and sounds.
The Century Branch Library also offers a preschool story time each Tuesday in June at 10:30 a.m. for children birth to five-years old.
For more information, call the library at (850) 256-6217.
Pictured above and below: Children enjoy cartooning during the Summer Reading Series Tuesday afternoon at the Century Branch Library. Submitted photos for NorthEscambia.com, click to enlarge.
New Citizens CEO Says Higher Insurance Rates Are Needed
June 27, 2012
The new head of Citizens Property Insurance Corp. made his debut before the governor and Cabinet on Tuesday, saying the state-backed insurer needs to raise rates but conceded that the issue is a political hornet’s nest.
After telling the governor and Cabinet that inadequate premiums were the “1,000 pound alligator in the room,” Citizens President and CEO Barry Gilway met with reporters and said the state’s 10 percent cap on Citizens’ premium increases would not result in more private company participation in Florida property insurance market.
Citizens’ is providing “$50 worth of insurance for $30,” thanks in large part to legislation that has capped premium increases to 10 percent a year, Gilway said after the meeting, the first since he was chosen by the Citizens Board of Governors last week to run the agency that now insures about one in four policyholders in the state.
Despite the need for higher rates, Gilway said he is becoming quickly attuned to the political considerations that have made it difficult for his predecessors to raise rates to actuarially sound levels.
A majority of Florida residents live within miles of the coast, a fact that led in part to lawmakers freezing, and then capping rates on Citizens policies following the 2004 and 2005 hurricane seasons.
Recent attempts to raise rates have met with stiff resistance, with critics saying the state’s economic recovery will suffer if rates go up too rapidly.
Over the past few days, Gilway has met with Gov. Rick Scott, Florida Agriculture Commissioner Adam Putnam and others who have briefed him on the level of emotions surrounding rates.
“It’s going to have to be a very fine balancing act, in my opinion, related to how we address them, but ultimately, my position is that we have to address them,” Gilway said.
On the job for a week, the former private insurance-industry executive said the number of Citizens policies could be dramatically reduced from the nearly 1.5 million now under its umbrella, but it would take time for him to work up detailed proposals.
What is clear is that Florida must tap into the global market to draw private companies willing to insure some of the state’s most hurricane prone homes and businesses. To do that, however, they have to be able to make money.
“The only way you are going to attract private insurers is if they believe they have a reasonable chance of generating a return on capital,” Gilway said “It’s not rocket science.”
Gilway said he spent the week meeting with top state officials and stakeholders from all sides of the multi-billion dollar issue, including at a town hall meeting in Miami where he heard the frustrations of policyholders from Citizens and private companies.
Speaking after the Cabinet meeting Tuesday, Scott and Chief Financial Officer Jeff Atwater offered their support but expressed concerns that cash strapped consumers can’t afford too much of a hit.
“You can’t make the big, bold moves that some people in the private markets may wish to make,” Atwater said. “You need to let time take you there on an appropriate glide path.”
Meeting with reporters, the governor said Citizens customers will be socked by huge assessments in the event of a major storm, a message he believes is not being sent.
“The first thing we ought to be doing is that we need to let people know what they are buying,” Scott said. “It’s just a down payment in case there is a hurricane. They need to know that.”
By The News Service of Florida
Generals Top Wahoos 4-2 In Series Opener
June 27, 2012
Generals third baseman Nate Tenbrink collected four hits, including a leadoff home run, while starting pitcher Steve Garrison allowed only a lone earned run in six innings of work, as Jackson defeated the Pensacola Blue Wahoos 4-2 on Tuesday night at Pensacola Bayfront Stadium.
The win improves the Generals’ record to 46-30 overall this year, as well as 4-2 in the second half, and gives Jackson a 1-0 lead in the series. The Fish fell to 37-38 overall in 2012, in addition to a 3-3 mark early on in the second half.
Jackson wasted no time getting the scoring started, with Tenbrink launching the second pitch of the game over the right field wall for his first homer of the year in Tenbrink’s fourth game of the season. The infielder began the year on the disabled list recovering from a fractured right elbow from last year.
Tenbrink would then have a hand in two of the final three scores for the Generals in the contest, scoring on a sacrifice fly after reaching on a base knock and stealing second in the third, while also driving in his second tally with a run-scoring single in the sixth. SS Leury Bonilla provided the first RBI hit in the sixth by lacing a single to left to plate C Jesus Sucre.
The Blue Wahoos answered two of Jackson’s scores with single tallies in the sixth and seventh frames. CF Ryan LaMarre reached base with a two-single and then moved to second on a walk, before he was sent in on 2B Brodie Greene’s single to center to make it 4-1.
Pensacola would narrow the margin to two in following frame after C Brian Peacock led off with a base hit, advanced to second on a passed ball and third on a groundout before coming home on a fielder’s choice. The hit for Peacock extended his hit streak to ten games, which dates back to April 25, with two stints with Triple-A Louisville pausing the stretch.
Besides Tenbrink (4-5, 2 R, 1 HR, 2 RBI), 2B Stefen Romero (2-3, 1 RBI, 1 BB) and RF Kalian Sams (2-3, 1 R, 1 2B, 1 BB) also tallied a multi-hit game for Jackson, while Peacock (2-4, 1 R) was the lone Blue Wahoos batter to collect two or more hits. Peacock has now accumulated three two-hit games in a row for the Fish and is hitting .378 (14-37) in his last ten contests.
Generals starter Steve Garrison (6.0 IP, 4 H, 1 R, 1 ER, 2 BB, 2 SO) earned the win with a solid effort, yielding only a lone earned run on just four hits in six innings of work, while closer Carter Capps (1.0 IP, 1 H, 2 SO) notched his 12th save of the year after pitching a scoreless ninth. Pensacola starter Tim Crabbe (5.0 IP, 8 H, 4 R, 3 ER, 4 BB, 5 SO) suffered the loss after allowing four runs, three of which were earned on eight hits in five frames.
The Blue Wahoos and Generals are scheduled to square off again Wednesday night, with first pitch set for 7:00 pm at Pensacola Bayfront Stadium. LHP Tony Cingrani is expected to get the nod for the Fish, while RHP Forrest Snow is slated to toe the rubber for Jackson.
As part of What’s Happening Wednesday at the stadium, the team doing a salute to summer, with activities including a fire truck parked outside to spray fans to help cool them off. Fans are also encouraged to help the Manna Food Pantry, which lost nearly all of its canned food inventory during the recent flooding, by brining canned food items to the game.
By Andrew Green
Pictured: Brian Peacock extended his hit streak to 10 games in the Fish’s 4-2 loss Tuesday. Photo by Chris Nelson for NorthEscambia.com, click to enlarge.
Two Men Stab, Assault One Another
June 26, 2012
Two men are in the hospital after one was stabbed and the other suffered a head injury following an argument between them about 9 p.m. Monday night on Wayne Avenue.
Bobby Earl Peterson and Gregory Paul Stutler, both of Pensacola, were transported to a local hospital. Peterson suffered a stab wound, Stutler suffered a head injury, according to the Escambia County Sheriff’s Office. Their conditions have not been released.
Witnesses told deputies that the two had been arguing throughout the day and had to be separated earlier.
The incident remains under investigation; further details have not been released.
Escambia Man Shot In Mayfair Subdivison
June 26, 2012
Mayfair Shooting
An Escambia County man is recovering after being shot yesterday in the Mayfair subdivision around 4:30 p.m. James Allen Small, Jr. was treated and released from a local hospital after receiving two gunshot wounds to his back, according to the Escambia County Sheriff’s Office.
Deputies responded to the area of New York Drive and Wyoming Drive to several calls for a shots fired disturbance. Once on scene, deputies found an unoccupied SUV near the intersection that had several bullet holes in it. Also several shell casings were located in front of 8 Wyoming Drive.
A short time later, deputies received a call of a gunshot victim at a local hospital. Deputies responded and were able to determine Smalls’ injuries were sustained in the shooting.
No arrests have been reported in the incident; further details have not been released.
Atmore Businessman Murdered, Found Shot In The Back
June 26, 2012
An Atmore man was found shot to death outside his business early Tuesday morning.
Kendrick Lamon Dortch, 38, was discovered dead in the parking lot of his business, KLD Enterprises, at the intersection of Ridgeley Street and 2nd Avenue just before 5 a.m. by a passing motorist. He had been shot once in the back.
The business, which is small auto detailing shop, was locked and secure, according to Atmore Public Safety Director Glenn Carlee. Carlee said it appeared that Kendrick had been living in the business or his car. Carlee said Dortch had hoped to open a game room in the building but had not yet acquired the license. He worked fulltime for an Atmore car dealership.
Carlee said there are currently no suspects in the shooting.
Anyone with information on the crime is asked to call the Atmore Police Department at (251) 368-9141.
Pictured: The scene were an Atmore businessman was found shot to death early Tuesday morning. NorthEscambia.com photos, click to enlarge.
Ensley Man Shoots His Wife Of 45 Years
June 26, 2012
A Escambia County man is charged with shooting his wife of 45 years Monday night in Ensley.
Jerry Marvin Wallace, 64, was charged with aggravated battery using a deadly weapon and booked in to the Escambia County Jail without bond after the incident about 10:30 p.m. on St. Christopher Road, just west of Highway 29 and north of 9½ Mile Road.
The Escambia County Sheriff’s Office said deputies found Wallace outside in swing on the porch of the couple’s home when they responded to the report of a shooting victim. Inside, they found his wife, whose name has not been released, on the couch barely conscious and suffering from a gunshot wound. She told deputies that she and Wallace had been arguing all day and that he had threatened to kill her.
Wallace admitted to deputies that he had shot his wife after an argument in which he threatened to kill her. Investigators recovered a revolver with one spent cartridge.
The wife was transported to a Pensacola hospital. Her condition has not been released.
Man Charged With Shooting Into Cottage Hill Home
June 26, 2012
A Pensacola man is facing several charges after allegedly firing a 9mm round into a Cottage Hill home last weekend.
Jarred Louis Morgan, 27, was charged with firing a deadly missile into a dwelling, discharging a firearm in a public place, improper exhibition of a firearm, criminal mischief and possession of a firearm with an altered serial number. He was released from the Escambia County Jail on a $14,000 bond.
Deputies responded to a home in the 1800 block of North Highway 95A where multiple people reported hearing gunfire and that a round had struck the side of a house. Deputies found a bullet in the home outside a room where a female and a child were inside during the incident.
Deputies began to canvas a nearby neighborhood on McKenzie Road where a resident told them that a white male he knew only as “Jarred” had been in the backyard firing a 9mm handgun.
From a description provided, deputies were able to name Morgan as their suspect, according to an Escambia County Sheriff’s Office arrest report.
When deputies confronted Morgan at his residence in a trailer park on Ten Mile Road, he admitted to firing the handgun.
“I was just shootin’ stump to try and clear the jam in my gun. My wife bought me the gun so I can protect my family,” Morgan said, according to the arrest report. “I f you give me a cigarette, I will show you where the gun is. I didn’t mean to shoot the house.”
The 9mm gun, a 9mm magazine and a box of ammunition were located at another person’s residence. Deputies discovered that someone had attempted to scratch the serial number off the gun, the report states.
Power Back On At Jail; A/C Repairs To Total $2.55 Million
June 26, 2012
The price tag is in at $2.55 million for repairs to the air conditioning systems at the Escambia County Central Booking and Detention Center that were destroyed during a June 9 flood.
Power has been restored to the facility, but it air conditioning continues to be provided by chiller units mounted on 18-wheelers outside the facility.
The total price tag is $2,548,861 to restore the mechanical systems that serve the Central Booking and Detention and the Central Energy Plant, which also provides chilled water for the cooling systems at Sheriff’s administration building, the jail complex and Juvenile Justice Center.
A portion of the total cost — $392,210 — was an initial purchase order to provide the emergency services and rental equipment necessary to restore services on a temporary basis.
The proposal by Engineered Cooling Services is expected to be approved Thursday by the Escambia County Commission. The BOCC will not accept bids on the project; the no-bid purchases are allowed under state law because Escambia County was under a state of emergency when the losses occurred.
Pictured: Flooding June 9 at the Escambia County Jail. File photos for NorthEscambia.com, click to enlarge.
